State v. Mathis

757 A.2d 55, 59 Conn. App. 416, 2000 Conn. App. LEXIS 386
CourtConnecticut Appellate Court
DecidedAugust 15, 2000
DocketAC 19148
StatusPublished
Cited by9 cases

This text of 757 A.2d 55 (State v. Mathis) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Mathis, 757 A.2d 55, 59 Conn. App. 416, 2000 Conn. App. LEXIS 386 (Colo. Ct. App. 2000).

Opinion

Opinion

ZARELLA, J.

The defendant, Gregory Mathis, appeals from the judgment of conviction, rendered after a jury trial, of one count of possession of narcotics in violation [418]*418of General Statutes § 2 la-279 (a) and one count of possession of narcotics within 1500 feet of an elementary school in violation of General Statutes § 21a-279 (d). The defendant was sentenced to a total effective term of seven years incarceration, suspended after five years, with three years of probation. On appeal, the defendant claims that (1) the evidence was insufficient to sustain the verdict, (2) the trial court improperly granted a motion to quash the defendant’s subpoena to have a deputy assistant state’s attorney testify on his behalf, (3) the court abused its discretion in imposing an unduly harsh or excessive sentence and (4) the court improperly allowed the state to comment on evidence during closing argument. We affirm the judgment of the trial court.

The jury reasonably could have found the following facts. On February 18, 1996, Sergeant Steven Hauser of the Hartford police department was approached by a man who reported that he had been the victim of a robbery and assault at an apartment in Hartford. The police immediately investigated the site of the alleged incident at 34 Wethersfield Avenue. Upon arriving, the police officers observed ten people in the apartment, four of whom matched the victim’s description of the assailant. The officers also observed seven blue, heat sealed packets containing a white powdery substance.

The officers then took the four individuals downstairs to a police car on the street, where the victim identified the defendant as one of the men who had assaulted him. The defendant and several other individuals then were placed under arrest. The defendant was searched incident to his arrest. The arresting officer, Sandy Kim-brough, reported that the defendant was in possession of “one blue, heat sealed wrapper containing a white powder substance, suspected [to be] heroin.” Tests subsequently confirmed that the substance was heroin.

[419]*419I

Prior to addressing the larger issue of the sufficiency of evidence, we first must address whether the court abused its discretion in allowing state’s exhibit nine into evidence.1 The defendant claims that the state failed to establish a proper and sufficient chain of custody from Kimbrough to the toxicology lab and to trial. We disagree.

Kimbrough testified that after the victim identified the defendant as one of the men who had robbed him, Kimbrough arrested the defendant and searched him incident to the arrest. Kimbrough testified that as a result of the search, he “found a blue packet of what appeared to be narcotics” in the defendant’s pocket and placed it in a “clear plastic evidence bag with a seal.” Kimbrough labeled the bag with the investigating officers’ names, Officer Achilles Rethis and Officer Charles Cochran, and then turned it over to Rethis.

The defendant claims that names of the investigating officers on the evidence bag containing the seized drugs rather than that of Kimbrough cast sufficient doubt on the chain of custody such that the court should not have admitted the bag into evidence. We find this claim to be wholly without merit.

At trial, Kimbrough identified state’s exhibit nine as the blue packet that he believed to contain narcotics. His testimony indicated that he recognized this packet to be the evidence that he seized from the defendant incident to his arrest on February 18, 1996. The officer also indicated that he recalled this same packet because he had seized it, sealed it, labeled the bag and submitted it to the police evidence room. Furthermore, he recognized his handwriting on the bag, which he had labeled [420]*420with the names of Rethis and Cochran, the officers directing the investigation. Kimbrough also identified state’s exhibit nine as the narcotics he seized. Joel Mil-zoff, an expert in toxicology at the state toxicology laboratory, also identified state’s exhibit nine and testified that he had received the sealed packet for testing at the laboratory. He farther testified that he was able to identify the packet by the laboratory number, which was on the inside and outside of the packet. Milzoff testified that he prepared a report in connection with his tests of the contents of state’s exhibit nine2 and concluded that the packet contained twenty-five milligrams of heroin.

When reviewing a court’s ruling on the admissibility of evidence, great deference is granted to the court’s ruling, absent a clear abuse of discretion. State v. Barnes, 47 Conn. App. 590, 595, 706 A.2d 1000 (1998). “[0]ur review of a trial court’s evidentiary ruling is limited. Evidentiary rulings will be overturned on appeal only where there was an abuse of discretion and a showing by the defendant of substantial prejudice or injustice. ... In considering whether the trial court abused its discretion, the unquestioned rule is that great weight is due to the action of the trial court and every reasonable presumption should be given in favor of its correctness.” (Internal quotation marks omitted.) State v. Correa, 57 Conn. App. 98, 107, 748 A.2d 307, cert. denied, 253 Conn. 908, 753 A.2d 941 (2000). On the basis of our review of the record, we conclude that the testimony and evidence presented at trial was sufficient to establish an adequate chain of custody. Since no claim was made that the evidence had been tampered with in any way, the evidence was properly admitted.

Having determined that the evidence was properly admitted, we now turn to the defendant’s claim that [421]*421the evidence was not sufficient to sustain the verdict. “The test for determining whether the evidence is sufficient to sustain a verdict is thus whether the [trier of fact] could have reasonably concluded, upon the facts established and the reasonable inferences drawn therefrom, that the cumulative effect of the evidence was sufficient to justify the verdict of guilty beyond a reasonable doubt.” (Internal quotation marks omitted.) Id., 110.

Contrary to the defendant’s claims, the state asserts that there is a reasonable view of the evidence that supports the jury’s guilty verdict. The jury heard testimony from Kimbrough that he arrested the defendant and found him in possession of the blue packet that later was introduced as state’s exhibit nine. The jury also heard testimony from Kimbrough that the evidence bag was sealed and submitted to the evidence room. Milzoff also testified that state’s exhibit nine had been submitted to his laboratory and that the contents tested positive for heroin. The state also offered testimony from a land surveyor that a private school, St. Cyril and St. Methodius School, is within 1500 feet of the site where the drugs were seized from the defendant.

The role of a reviewing court is not to determine if there is evidence that would support a defendant’s hypothesis of innocence. State v. Sivri, 231 Conn. 115, 134, 646 A.2d 169 (1994). Instead, the court asks whether there is a reasonable view of the evidence that supports the jury’s verdict of guilty. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Disciplinary Counsel v. Parnoff
Connecticut Appellate Court, 2015
DEROY v. Estate of Baron
43 A.3d 759 (Connecticut Appellate Court, 2012)
State v. Payne
996 A.2d 302 (Connecticut Appellate Court, 2010)
State v. Davis
911 A.2d 753 (Connecticut Appellate Court, 2006)
Evans v. Testa Development Associates, No. Cv 01-0806425 (Sep. 26, 2001)
2001 Conn. Super. Ct. 13468-ie (Connecticut Superior Court, 2001)
State v. Lowe
763 A.2d 680 (Connecticut Appellate Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
757 A.2d 55, 59 Conn. App. 416, 2000 Conn. App. LEXIS 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mathis-connappct-2000.